Download PDF version Parties: Joshua Spears; Wasatch County Issued: July 5, 2018Topic Categories: Exactions on Development A requirement that a new planned unit development contribute to affordable housing either through a fee or by reserving or dedicating affordable units—whether inside or outside of the development—is an exaction, because it is a condition imposed upon new development. As an exaction, …
Advisory Opinion 190
Download PDF version Parties: Todd Jackson, Moab City Issued: September 8, 2017Topic Categories: Exactions on Development An ordinance mandating that a property owner abut a public road in order to obtain a building permit serves a legitimate public purpose, and is enforceable. Nevertheless, requiring a property owner to purchase property, construct a road, and dedicate that road to the …
Advisory Opinion 188
Download PDF version Parties: Sherwood Hirschi, Nibley City Issued: July 13, 2017Topic Categories: Exactions on Development The city’s exaction requiring the developer to construct the full width of 1200 West where it abuts three lots with no access to the road is excessive. While some exaction appears appropriate, requiring the developer to construct all the improvements along an 80 …
Advisory Opinion 187
Download PDF version Parties: Ironwood Development Group, L.C., Smithfield City Issued: June 15, 2017Topic Categories: Exactions on Development A municipality may require a developer to improve a road that will be impacted by its development, but the extent of that requirement must be roughly proportionate to the development’s impact. The city’s requirement that the developer expand a road and …
Advisory Opinion 182
Download PDF version Parties: Ivins City Issued: March 29, 2017Topic Categories: Exactions on Development The requirements imposed by a local zoning code control development in that zone. When requirements result in dedication of property to the public, that requirement is an exaction, and must be reviewed under the “rough proportionality test.” Requirements that do not result in dedication are …
Advisory Opinion 180
Download PDF version Party: Tooele City Issued: February 14, 2017Topic Categories: Exactions on Development A local government may require an exaction, such as dedication of property or installation of improvements, as a condition of development approval. Such exactions, however, must be roughly proportional, in both nature and extent, to the cost of assuaging the impacts of the development activity. …
Advisory Opinion 173
Download PDF version Parties: Grant Salter, Morgan County Issued: September 30, 2016Topic Categories: Exactions on Development Morgan County’s requirement that Mr. Salter provide improvements along Powderhorn Road as a condition of development approval fails the rough proportionality test, and is thus an illegal exaction. Therefore, Morgan County cannot require that Mr. Salter install the improvements along Powderhorn Road.DISCLAIMER The …
Advisory Opinion 156
Download PDF version Parties: J L.C., Town of Alta, and Salt Lake County Board of Health Issued: April 15, 2015 Correction & Withdrawal: August 4, 2015Topic Categories: Exactions on Development On April 15, 2015, the Office of the Property Rights Ombudsman issued an Advisory Opinion. Upon receipt and consideration of additional clarifying facts provided by the parties, this Office …
Advisory Opinion 154
Download PDF version Addendum to Advisory Opinion # 150 Parties: David Davis and Tooele City Issued: March 2, 2015Topic Categories: Exactions on Development Development exactions must be justified by an impact created by new development. Construction of a home in place of an older home does not create a new impact, but is simply a continuation of an existing …
